On Monday, the Canadian government introduced a bill known as the Bill C-63, designed to address online hate and promote internet safety by bringing into force the Online Harms Act. This proposed legislation will also offer amendments to both the Criminal Code and the Canadian Human Rights Act.
A central aspect of Bill C-63 is the Online Harms Act. It proposes the establishment of a new official body – the Digital Safety Commission – that will oversee the framework and foster a culture of online safety. The Act also designates a Digital Safety Ombudsperson as a point of contact and advocate for user needs and interests on matters relating to online safety.
The legislation targets the increase of online hate, holding major corporations accountable for the immediate removal of harmful content from their platforms. As per section 55 of the Act, the operator of a regulated service must employ adequate measures that mitigate the risk that online service users would be exposed to harmful content. Furthermore, the Act stresses the need to protect children by including design features respecting child protection, such as age-appropriate designs, as detailed in section 65 of the Act.
Concerns have been voiced by critics that the Bill could potentially infringe upon an individual’s rights to freedom of expression due to its broad scope. However, the government has rebuked these concerns, stating that they remain committed to upholding the constitutional right of free speech of Canadians. Importantly, section 6 of the Online Harms Act explicitly states that private messages would be exempted from the purview of this legislation.
In related news, the UK Parliament adopted a similar Act back in September 2023, and Australia approved its Online Safety Act in 2021.
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